POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 42
1) KIDUSH HA'LEVANAH
(a) (Rav Acha bar Chanina): One may bless on the new moon
until its deficiency is filled.
2) DISAGREEMENT ABOUT THE HOUR
(b) Question: When is this?
(c) Answer #1 (R. Yakov bar Idi): Until seven days after the
Molad (new moon).
(d) Answer #2 (Chachamim of Neharde'a): Until the 16th of the
1. Both hold like R. Yochanan - R. Yakov bar Idi
understands, until the deficiency of the crescent is
filled (i.e. half the circle is visible), Neharda'i
understand, the entire circle must be filled.
(e) Question (Rav Acha mi'Difti): According to R. Yakov bar
Idi, granted we cannot bless Mechadesh Chodoshim after
seven days, but we should bless 'ha'Tov veha'Metiv'
(Hash-m filled the deficiency, and makes it even
(f) Answer (Ravina): Since we do not bless 'Dayan ha'Emes'
when it vanishes, we do not bless ha'Tov veha'Metiv when
it gets bigger.
(g) Question: Why don't we make both blessings?
(h) Answer: Since this happens constantly, we do not make
(i) (Rav Acha bar Chanina): One who blesses on the new moon
in the proper time is like one who receives the Divine
Presence: it says here "Ha'Chodesh ha'Zeh", like it says
"Zeh Keli ve'Anvehu".
(j) (Tana d'vei R. Yishmael): If our only Mitzvah was (Kidush
ha'Levanah,) to receive Hash-m's Countenance once a
month, this would suffice for us.
(k) (Abaye): (Since we receive the Divine Presence), we must
stand when we say it.
(l) They would carry Mereimar and Mar Zutra to make Kidush
ha'Levanah (they were unable to walk).
(m) (Rav Acha): In Eretz Yisrael, they bless 'Baruch
(n) (Rav Ashi): That is fitting for women (who do not bless
with Hash-m's name (Einei Shmuel; Maharsha - who cannot
remember a long blessing); the proper blessing is as Rav
1. (Rav Yehudah): We bless (Baruch...) Asher
b'Ma'amaro...Baruch Mechadesh Chodoshim'.
(o) (Rav Acha bar Chanina): "V'Sachbulos Tana'aseh Lecha
Milchamah" - one who succeeds in the war of Torah is one
who knows Chavilos (bundles) of Mishnayos and Beraisos.
1. (Rav Yosef): "V'Rav Tevu'os b'Cho'ach Shor" - this
applies to me.
(a) (Mishnah): If one witness says 'It was the second
3) REACHING A VERDICT
(b) (Rav Simi Bar Ashi): This is only if they argue about
which hour, but if one says that it was before sunrise
and the other says that it was after, their testimony is
(c) Objection: This is obvious!
(d) Correction: Rather, if one says that it was before
sunrise and the other says that it was during the
sunrise, their testimony is disqualified.
(e) Objection: Also this is obvious!
(f) Answer: One might have thought, he saw rays of light and
mistakenly thought it was sunrise - Rav Simi Bar Ashi
teaches, we do not say this.
(a) (Mishnah): Afterwards, we bring in... (if a Talmid gives
a reason for Zechus, we put him with the judges, he stays
there the entire day).
(b) Question: He stays for more than just that day!
1. (Beraisa): If a Talmid gives a valid reason for
Zechus, we put him with the judges, he stays there
forever; if his reason is not good, he stays there
the entire day, so his elevation will not cause his
(c) Answer: The Mishnah discusses the case when his reason is
not good, he stays there the entire day.
(d) (Mishnah): If we find a reason for Zechus...(they do not
drink wine the entire day).
(e) Question: What is the reason?
(f) Answer (Rav Acha bar Chanina): "Ul'Rozenim Ei Shechar" -
those engaging in the secrets of the world should not
(g) (Mishnah): (If 36 are Mechayev and 35 are Mezakeh, they
debate the matter until one of the Mechayvim finds Zechus
for the defendant.)
(h) Question: What happens if no one finds Zechus?
(i) Answer (Rav Acha and R. Yochanan): We exempt him.
(j) Version #1 - Question (Rav Papa): We should exempt him
immediately (once the vote is 36 to 35 - why do we try to
(k) Answer (Abaye): It is a disgrace when Beis Din is
(l) Version #2 - Question (Rav Papa): We should exempt him
immediately (if 12 are Mechayev and 11 are Mezakeh - why
must we add judges)?
(m) Answer (Abaye): Indeed, that is R. Yosi's opinion!
1. (Beraisa - R. Yosi): Just as we do not add to a Beis
Din of 71, we do not add to a Beis Din of 23.
(n) (Beraisa): In monetary cases, we say 'Nizdaken ha'Din';
we do not say this in capital cases.
(o) Question: What does it mean 'Nizdaken ha'Din'?
1. Suggestion: It means, the case is difficult, we must
not rush the verdict.
(p) Answer #1 (Rav Huna bar Mano'ach): Indeed, it means this;
we must switch the Beraisa (we only say this in capital
2. Rejection: All the more so, we should say this in
(q) Answer #2 (Rav Ashi): We do not switch the Beraisa - it
means, we are sure our verdict is correct, we need not
ponder it any more.
(r) Question (Beraisa): The greatest judge says 'Nizdaken
1. Version #1: We understand according to Rav Ashi, it
is fitting for the greatest judge to say this.
(s) Answer: Yes - but it is better to embarrass himself than
for someone else to embarrass him.
2. But according to Rav Huna, why must the greatest
judge say that we need more time - he embarrasses
himself by saying this!
1. Version #2: We understand according to Rav Huna - it
is better to embarrass himself than for someone else
to embarrass him.
(t) Answer: It is the responsibility of the greatest judge to
say matters of Beis Din.
2. But according to Rav Ashi, why must the greatest
judge aggrandize himself by saying that we are sure
our verdict is correct - "Yehalelcha Zar v'Lo
1. (Mishnah): When they finish deciding, they bring
them in; the greatest judge says 'Ploni, you are
Chayav; Almoni, you are Zakai'.
***** PEREK NIGMAR HA'DIN ****
4) STONING BY BEIS DIN
(a) (Mishnah): After the final verdict (if he was sentenced
to be stoned), he is taken to be stoned.
(b) The Beis ha'Skilah was outside of Beis Din - "Hotzei Es
(c) Ploni stands at the door of Beis Din, holding a flag;
Almoni is far away (but close enough to see if he will
wave the flag) with a horse. If someone has a reason for
Zechus, Ploni waves the flag; Almoni races to call back
the defendant to be judged again.
(d) Even if the defendant himself gives a reason for Zechus,
we return him to Beis Din, even four or five times, on
condition that it is a proper reason.
(e) (Gemara) Question: It is not sufficient that Beis
ha'Skilah is outside of Beis Din!
1. (Beraisa): The Beis ha'Skilah was outside of all
three Machanos (i.e. in the Midbar; in Eretz
Yisrael, outside of the city).
(f) Answer: The Mishnah teaches that if Beis Din is not in a
city, we must set up Beis ha'Skilah outside of Beis Din,
in order that Beis Din will not look like murderers, or
in order to cause a delay before the execution (in case
someone finds a reason for Zechus).
(g) Question: What is the source of this law?
(h) Answer #1: "Ve'Hotzi Es Kol ha'Par El mi'Chutz
la'Machaneh" - outside of all three Machanos.
1. Suggestion: Perhaps it is only outside of one
(i) Question: Why don't we learn from Shechutei Chutz
(slaughtering a Korban outside the Mikdash, i.e. one
2. Rejection: Regarding Par He'elam Davar (a sacrifice
brought for a mistake of the Great Sanhedrin) it
says "El mi'Chutz la'Machaneh";
i. Question: We already know this from "Ka'asher
Saraf Es ha'Par ha'Rishon"!
ii. Answer: This comes to teach that it must be
taken outside of two Machanos.
iii. Question: Regarding the ashes, it says "El
mi'Chutz la'Machaneh" - we already know this
from "Al Shefech ha'Deshen Yisaref"!
iv. Answer: This comes to teach that it must be
outside of all three Machanos.
(j) Answer: Stoning more resembles Par He'elam Davar -
regarding both it says 'Hotzi', both should be done
outside the Machanos, both are an atonement.
(k) Question: But stoning resembles Shechutei Chutz in four
ways - both involve people, a transgression, taking a
life, and Pigul does not apply to either of them!
(l) Answer: The overriding criteria is that stoning and Par
He'elam Davar both *should* be done outside.
(m) Answer #2 (to Question (h) - Rav Papa): Moshe was in
Machane Levi, and Hash-m told him "Hotzei Es ha'Mekalel"
- outside of Machane Levi;
1. "Va'Yotzi'u Es ha'Mekalel El mi'Chutz la'Machaneh" -
outside of Machane Yisrael.
(n) Question: We need the latter verse to teach that Yisrael
did as they were commanded!
(o) Answer: It already says "U'Vnei Yisrael Asu Ka'asher
Tzivah Hash-m Es Moshe".
(p) Question: If so, what do we learn from "Va'Yirgemu Oso
(q) Answer (Beraisa): "Va'Yirgemu Oso Even" - he is stoned
alone, without his shirt; "Even" - if he died from one
rock, the Mitzvah was fulfilled.